Proceeding Number A.12-04-019 APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION NO. 12-10-030

ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION NO. 12-10-030 document is embedded. Importantly, CONCLUSION "The Commission’s Decision suffers from three substantial flaws. First, it is premature because it finds preemption despite the fact no project has been approved. Without an approved project, there is nothing for the Ordinance to interfere with and the finding of preemption is merely advisory. Second, in holding the Ordinance cannot be enforced, the Decision squarely violates Article III, Section 3.5 of the California Constitution which expressly prohibits exactly that sort of administrative decision. The Commission is not a court and may not constitutionally adjudicate the enforceability of county Ordinance despite provisions in the Ordinance that apply to exclusively local issues of water management that are unrelated to any aspect of the Commission’s authority."

"For these reasons, the County of Monterey requests rehearing be granted in order to set the Decision aside." 

Application of the County of Monterey for Rehearing of Decision No. 12-10-030 11-30-12

Filing Date 11-30-12
APPLICATION OF THE COUNTY OF MONTEREY FOR REHEARING OF DECISION NO. 12-10-030